The Human Right to Property

Many people do not consider the right to property a human right. Property rights are more often seen as a source of controversy. This study intends to contribute to improved understanding of the right to property as a human right. It analyses the characteristics of the right to property. It tries to answer the question as to what extent the right to property is a social human right.
Author(s):
Theo van Banning
Series:
Human Rights Research Series
Volume:
14
book | published | 1st edition
August 2002 | xvi + 458 pp.

Paperback
€75.-


ISBN 9789050952033


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Details

Many people do not consider the right to property a human right. Property rights are more often seen as a source of controversy. Even experts sometimes doubt the human rights character of the right to property. Is property a human right, if the state can deprive you of your property? To what extent can the state interfere with a human right such as the right to property? Is the right to property an essential right for all human beings? In that case, should all enjoy a minimum amount of property?

This study intends to contribute to improved understanding of the right to property as a human right. It analyses the characteristics of the right to property. It tries to answer the question as to what extent the right to property is a social human right.

The study concludes that the right to property is still a complex right, but much less controversial than in the past. Like all other human rights, the right to property entails state obligations to secure that, as much as possible, everyone can enjoy property rights. The right to property cannot be seen in isolation from other human rights such as the right to equality and the right to an effective remedy or to fair trial. The right to property is an important human right for everyone.

Table of Contents

Table of Contents (p. 0)

Chapter I. Introduction (p. 1)

Chapter II. Property rights in international law (p. 33)

Chapter III. State practices (p. 131)

Chapter IV. Property a human right (p. 167)

Chapter V. Property a social human right (p. 219)

Chapter VI. Selected topics (p. 295)

Chapter VII. Property in a globalising world (p. 359)

Annexes (p. 375)

Index (p. 439)

Curriculum vitae (p. 445)

School of Human Rights Research Series (p. 447)

About the series:

Human Rights Research Series

The Human Rights Research Series’ central research theme is the nature and meaning of international standards in the field of human rights, their application and promotion in the national legal order, their interplay with national standards, and the international supervision of such application. Anyone directly involved in the definition, study, implementation, monitoring, or enforcement of human rights will find this series an indispensable reference tool.

The Series is published together with the world famous Netherlands Network for Human Rights Research (formerly School of Human Rights Research), a joint effort by human rights researchers in the Netherlands.

Editorial Board: Prof. dr. Antoine Buyse (Utrecht University), Prof. dr. Fons Coomans (Maastricht University), Prof. dr. Yvonne Donders (Chair - University of Amsterdam), Dr. Antenor Hallo de Wolf (University of Groningen), Prof. dr. Kristin Henrard (Erasmus University Rotterdam), Prof. dr. Nicola Jägers (Tilburg University), Prof. Titia Loenen (Leiden University) Prof. dr. Janne Nijman (T.M.C. Asser Instituut) and Prof. dr. Brigit Toebes (University of Groningen).

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Open access content

Parts of this book have been made open access. We make chapters open access because they are particularly topical, or provide a useful introduction to the subject. They may be available for a limited time or indefinitely. Some books are entirely and permanently open access.


Table of Contents (p. 0)
Index (p. 439)
Curriculum vitae (p. 445)
School of Human Rights Research Series (p. 447)